by Rodolfo R. Agraz, Esq., and Nicholas J. Sanservino Jr., Esq., Ogletree Deakins
On July 22, 2008, the National Labor Relations Board’s (NLRB) Office of the General Counsel issued a guidance memorandum addressing unfair labor practice (ULP) charges involving political advocacy.
The impetus for the general counsel’s memorandum stemmed from a series of ULP charges filed in late 2006 involving employers that allegedly disciplined employees for participating in nationwide and local demonstrations. The demonstrations opposed legislative proposals that would have imposed greater restrictions and penalties on immigrant employees and their employers.
Political advocacy as a protected activity
The general counsel concluded that the purpose of such political demonstrations are covered by the “mutual aid or protection” clause of the National Labor Relations Act (NLRA). However, the NLRB still must determine whether the means empl...(register to read more)
- Job descriptions: Craft with precision to avoid bias risk
- Doctor's note should trigger FMLA certification request
- Before assuming you must accommodate under ADA, evaluate disability and ability
- The one-person HR office: Solutions to 4 key problems
- Georgia Code on Equal Employment for People With Disabilities